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 http://nepc.colorado.edu/publication/XXXXX
1
of 
xx
 
M
ODEL
L
EGISLATION
 
R 
ELATED TO
O
NLINE
L
EARNING
O
PPORTUNITIES
 
FOR 
S
TUDENTS IN
P
UBLIC
E
LEMENTARY  AND
S
ECONDARY 
E
DUCATION
S
CHOOLS
 
 Justin Bathon
University of KentuckyOctober 2011
National Education Policy Center
School of Education, University of Colorado BoulderBoulder, CO 80309-0249Telephone: 303-735-5290Fax: 303-492-7090Email: NEPC@colorado.eduhttp://nepc.colorado.edu
This is one of a series of briefs made possible in part by funding fromThe Great Lakes Center for Education Research and Practice.http://www.greatlakescenter.orgGreatLakesCenter@greatlakescenter.org
 
 
 
http://nepc.colorado.edu/publication/safe-at-school 
 2 
of 49
 
 
Kevin Welner
 Editor 
William Mathis
 Managing Director 
Erik Gunn
 Managing Editor 
Briefs published by the National Education Policy Center (NEPC) are blind peer-reviewed by members of the Editorial Review Board. Visit http://nepc.colorado.edu to find all of these briefs. For information onthe editorial board and its members, visit: http://nepc.colorado.edu/editorial-board.Publishing Director:
 Alex Molnar
 
Suggested Citation:
Bathon, J. (2011).
 Model Legislation Related to Online Learning Opportunities for Students in Public Elementary and Secondary Education Schools
. Boulder, CO: National Education Policy Center. Retrieved[date] from http://nepc.colorado.edu/publication/online-k-12-schooling.
 
 http://nepc.colorado.edu/publication/online-k-12-schooling
1
of 
15
M
ODEL
L
EGISLATION
 R 
ELATED TO
O
NLINE
L
EARNING
O
PPORTUNITIES
 
FOR 
S
TUDENTS IN
P
UBLIC
E
LEMENTARY 
 
 AND
S
ECONDARY 
E
DUCATION
S
CHOOLS
 
 Justin Bathon, University of Kentucky
Introduction
Nearly all states have enacted legislation authorizing some form of online or virtual K-12education. These state enactments vary greatly in their topical coverage as well as theirspecificity. This has created a great deal of variation among the states sometimes leadingto the confusion and abuses documented earlier in this brief. Few states have addressedthe issues of systemic integrity: reliability of budgets, authentication of student work,quality of instruction, fidelity of the virtual teaching staff, and clear, yet highly developed,state regulations. Thus, there is a need for a foundational approach to virtual schoollegislation that we hope this model provides.The model legislation set out below is not meant to provide an all-encompassing policy on virtual schools. Rather it is meant to supplement existing virtual schools legislation andprovide legislative clarity. Thus, parts of this model legislation may be applicable in somestates but not in others. Legislators are encouraged to customize the model legislation forapplication in their own states within their own existing statutory frameworks.To complete the model legislation, we reviewed all existing online and virtual schoollegislation in the United States. The annual Keeping Pace
1
report of virtual school policiesand adoption provided a useful starting point in identifying this legislation, and large partsof this model legislation have been borrowed or adapted from existing legislation. Inparticular, Florida and Colorado provided useful models, along with elements of the Arizona, Idaho, Maine, Montana, Nebraska, Pennsylvania, South Carolina, Tennessee, Washington, and Wisconsin statutes on virtual schools. The authors would like to thank the unknown and unheralded authors of this previous legislative work. They have provideda useful base on which to continue the effort to build a sound framework for the operationof the rapidly evolving online education system in the United States.
1
Watson, John; Murin, Amy; Vashaw, Lauren; Gemin, Butch & Rapp, Chris. (2010).
 Keeping Pace with K- 12Online Learning: An Annual Review of State-Level Policy and Practice
(p. 28). Retrieved June 1, 2011, fromhttp://www.kpk12.com/wp-content/uploads/KeepingPaceK12_2010.pdf.
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